Grossing Up; Operating Expense and Tax Adjustments. In determining the Tenant’s Proportionate Share of Excess Operating Expenses and Taxes for the purpose of this Section, if less than 95% of the Building shall have been occupied by tenants and fully used by them, at any time during the year, Operating Expenses shall be adjusted to an amount equal to the operating expense that would normally be expected to be incurred, had such occupancy been 95% and had full utilization been made during the entire period. If Taxes for the Base Year are reduced as a result of protest or otherwise, Landlord may use the final reduced amount of Taxes for the Base Year to compute Tenant's obligations for increases in Taxes during the Term. In such case, Tenant shall pay Landlord, within thirty (30) days after notice, any additional amount of Taxes required by such computation for any period that has theretofore occurred during the Term following the Base Year. If Landlord eliminates from any subsequent year’s Operating Expenses a recurring category of Operating Expenses previously included in Base Year Operating Expenses, Landlord may subtract such category from Base Year Operating Expenses commencing with such subsequent year.
Grossing Up; Operating Expense and Tax Adjustments. In determining the Tenant’s Proportionate Share of Excess Operating Expenses and Taxes for the purpose of this Section, if less than 95% of the Building shall have been occupied by tenants and fully used by them, at any time during the year, Operating Expenses shall be adjusted to an amount equal to the operating expense that would normally be expected to be incurred, had such occupancy been 95% and had full utilization been made during the entire period. Similarly, if Landlord is not furnishing any particular utility or service to a tenant during any period (the cost of which, if performed by Landlord, would be included in Operating Expenses), Landlord may, for such period: (i) exclude the Net Rentable Area of such tenant from the Net rentable Area of the Building in computing Tenant's Proportionate Share of the component of Operating Expenses for such utility or service; or (ii) adjust Operating Expenses to reflect the additional amount that would reasonably have been incurred had Landlord furnished such utility or service to such tenant (rather than adjusting Tenant's Proportionate Share). If Taxes for the Base Year are reduced as a result of protest or otherwise, Landlord may use the final reduced amount of Taxes for the Base Year to compute Tenant's obligations for increases in Taxes during the Term. In such case, Tenant shall pay Landlord, within thirty (30) days after notice, any additional amount of Taxes required by such computation for any period that has theretofore occurred during the Term following the Base Year. If Landlord eliminates from any subsequent year’s Operating Expenses a recurring category of Operating Expenses previously included in Base Year Operating Expenses, Landlord may subtract such category from Base Year Operating Expenses commencing with such subsequent year.
